YUSUF & BURTON

This matter came before the Family Court of Australia concerning a property settlement dispute between Ms Yusuf (the Applicant Wife) and Mr Burton (the Respondent Husband). The central issue involved a superannuation splitting order made by consent on 20 August 2008, which the wife later sought to enforce. The trustees of the husband's superannuation fund, "First State Super," refused to comply with the order as it was not in the proper form required by amendments to the *Family Law Act 1975* (Cth) that had come into force in December 2002.

The court was required to determine whether the previous consent order regarding the superannuation splitting was valid and enforceable, particularly in light of the specific provisions of section 90MT of the *Family Law Act 1975* (Cth) governing such orders. The court also considered an application to amend a previous order under the slip rule to correct a child's date of birth.

Collier J found that the original consent order of 20 August 2008 should not have been made in its form, as it did not comply with the requirements of section 90MT of the Act. The court determined that the order was impracticable and unable to be carried into effect, pursuant to section 79A(1)(b) of the Act, and therefore struck down the original order. Having satisfied that proper notice had been given to the superannuation trustees, who had no objection, the court made a fresh order in compliance with section 90MT. The court also amended the previous order pursuant to the slip rule to correct the child's date of birth.